Kentucky Freestone Co. v. McGee
Court of Appeals of Kentucky
Case 35 — Action by Joseph McGee against the Kentucky Freestone Co. for Damages for Personal Injuries. APPEAL FROM ROCKCASTLE CIRCUIT COURT-M. L. JARVIS, CIRCUIT JUDGE. Judgment for Plaintiff and Defendant Appeals. We ask a reversal of this ease for five reasons: 1. The appellee failed to allege in his petition that he did not know of the obstruction, or by the use of ordinary diligence he could not have known of it.
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Case 35 — Action by Joseph McGee against the Kentucky Freestone Co. for Damages for Personal Injuries. APPEAL FROM ROCKCASTLE CIRCUIT COURT-M. L. JARVIS, CIRCUIT JUDGE. Judgment for Plaintiff and Defendant Appeals. We ask a reversal of this ease for five reasons: 1. The appellee failed to allege in his petition that he did not know of the obstruction, or by the use of ordinary diligence he could not have known of it. Judd’s Adm’r v. C. & O. R. R. Co., 18 R., ’47. 2. Incompetent evidence was admitted proving that certain improvements were made at the point where the injury occurred, the injury…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Reversing.
Appellee, a laborer employed in taking out cars loaded with stone from appellant’s quarry to a nearby railway siding, was injured by stumbling or slipping upon a stone in his pathway, alongside of the track over which the car was being taken. The dimensions of the stone are not certainly proved, but it may be said to have been between the size of a man’s fist and of his hat. It was one of a number of stones scattered along the pathway. Appellee’s duty was to accompany the car, which was pulled out by a wire, rope drawn by a stationary engine, and…
2Cases cited3 opinions
- Bogenschutz v. SmithCourt of Appeals of Kentucky · 1886
- Pfisterer v. J. H. Peter & Co.Court of Appeals of Kentucky · 1904
- Mellott v. Louisville &Nashville RailroadCourt of Appeals of Kentucky · 1897
3Cited by14 opinions
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. MartinCourt of Appeals of Kentucky · 1912
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. GoldstonCourt of Appeals of Kentucky · 1913
- East Tennessee Telephone Co. v. JeffriesCourt of Appeals of Kentucky · 1913
- Helton v. Gunn Coal Mining Co.Court of Appeals of Kentucky (pre-1976) · 1935
- Mason, Hanger & Coleman Co. v. KennisonCourt of Appeals of Kentucky · 1909
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